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The High Court decision in Re Neal Grenville Johnson Trust (the Trust) reflects a practical approach to the termination of a trust where the trustee has no discretion to distribute capital and there is no power to bring forward the vesting day, which is still 32 years away. The terms of the Trust provided that … Continue reading
Effective 1 July 2026 the thresholds that apply to residential care subsidy (RCS) applications have been updated. The assets limits for the 65 + demographic are now: Threshold A – $300,811 Threshold B – $164,731 (excluding the family home and car). The gifting limit for the five-year period before an RCS application is now $8,500 … Continue reading
In the anonymised High Court decision Smith v Koppens [2026] NZHC 759 a constructive trust is imposed by reference to the principles of Lankow v Rose on account of advances made by “Jane” who had expected to live in a trust owned property. By way of background the dispute arose in circumstances where a … Continue reading
The Supreme Court has denied leave to appeal the Court of Appeal judgment in Gatfield v Hinton, that upheld a High Court decision ordering tethered mediation and arbitration. For background see May and New is not a reason not to. As noted by the Supreme Court at [9]: References Gatfield v Hinton [2026] NZSC 60 … Continue reading
The Supreme Court has granted leave to appeal the Court of Appeal decision in RH & JY Trust v WorkSafe New Zealand. The approved question is “…whether a trust and/or the trustees of a trust acting collectively is a “person” within the meaning of s 16 of the Health and Safety at Work Act 2015? … Continue reading
Tension between trustees and beneficiaries is a common feature of trusts. However, when this tension compromises the administration of a trust, trustee appointments may warrant review. In Smith v Campbell the UK High Court considers an application for removal of trustees in the context of a dynastic trust where there had been a breakdown of … Continue reading
In Estate of Twaites one of the will-maker’s son seeks a remedy under the Family Protection Act 1955 for a breach of the moral duty owed by his father to him. The Court was satisfied that there was a breach. However, before this could be quantified by way of an award in the son’s favour … Continue reading
McKean v McKean Family Trustee Limited (Costs) is a costs decision following substantive findings. The key points of the judgment can be summarised as: the protagonists in the matter were entitled to be indemnified from the Trust for legal costs and disbursements in relation to proceedings to the extent that the costs were reasonably and … Continue reading
Re Turner Family Trust No 2 relates to an application pursuant to section 124 of the Trusts Act 2019 for an order to approve a variation on behalf of any person who may acquire a beneficial interest in the trust at a future date. All living beneficiaries were adult, have capacity and approved of the … Continue reading
In the matter of the Estate of Hyman Marks the High Court was asked to approve a trustee fee of $5,000 per annum. By way of background as noted at [4]: “The trust fund was established under the Will of the late Hyman Marks, who died on 22 May 1895. Since then, various trustees have … Continue reading
